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Altered Contract Did Not Call For Arbitration Arbitration

Thursday, June 09, 2005 03:00 pm


A federal appeals court has ruled that when parties loosely borrowed language from the AIA General Conditions, they made the architect's decision reviewable in court, not through arbitration.

The Pikeville United Methodist Hospital of Kentucky, Inc. awarded a contract to Beers Construction Co. to build an addition to a hospital facility. In preparing the agreement, the parties borrowed liberally from printed, copyrighted forms published by the Engineers' Joint Contract Documents Committee and the American Institute of Architects. The result, according to the appeals court, was a contract that was "poorly drafted and wrought with typographical errors."

The "Resolution of Claims and Dis [...]

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